Key Benefits:
The Prime Minister,
On the report of the Minister of Social Affairs, Labour and Solidarity, the Minister of Interior, Homeland Security and Local Freedoms and the Minister of Economy, Finance and Industry,
Considering the general code of territorial authorities, including Article L. 3321-2;
Considering the code of social action and families, including Article L. 232-28;
In light of Act No. 2003-289 of 31 March 2003 amending Act No. 2001-647 of 20 July 2001 on the management of the loss of autonomy of older persons and the personalized allocation of autonomy, including Article 5;
In view of Decree No. 2001-1084 of 20 November 2001 on the terms and conditions for the allocation of the benefit and the funding fund provided for in Act No. 2001-647 of 20 July 2001 on the management of the loss of autonomy of older persons and the personalized allocation of autonomy;
In view of Decree No. 2001-1085 of 20 November 2001 implementing Act No. 2001-647 of 20 July 2001 on the management of the loss of autonomy of older persons and the personalized allocation of autonomy;
In view of Decree No. 2003-278 of 28 March 2003 on the conditions for the allocation of the personalized allowance of autonomy;
Considering the opinion of the Local Finance Committee of 24 June 2003;
The State Council (Social Section) heard,
Decrete:
Decree No. 2001-1084 of 20 November 2001 referred to above is amended as follows:
I. - In Article 5, the words: "in accordance with the third paragraph of each of articles L. 232-12 and L. 232-14 of the Code of Social Action and Families" are replaced by the words: "in accordance with the third paragraph of Article L. 232-12 and the sixth paragraph of Article L. 232-14 of the Code of Social Action and Families".
II. - Section 11 is amended to read:
A. - The second paragraph of II is supplemented by the words: "for a period of three years renewable";
B. - The third paragraph of II is replaced by the following provisions: "2° The Director General of Local Authorities, the Director of Social Security, the Budget Director, the Director General of Public Accounts, the Director General of Social Action and the appropriate Deputy Director to the General Directorate of Social Action, or their representative";
C. - The fourth paragraph of II is deleted.
D. - After the 5th of the IV, it is added a 6° as follows:
« 6° To authorize the Director to subscribe to the borrowing referred to in Article III L. 232-21 of the Code of Social Action and Families. »
E. - VI is amended to read:
(a) In the first paragraph, the words "designated for three years" are deleted;
(b) The second, third, fourth and eleventh paragraphs are supplemented by the words "for three years";
(c) The eighth paragraph is supplemented by the words "designated for three years".
III. - Section 13 is amended to read:
A. - In I, the words: "Annual spending under 2° and 3°" are replaced by the words: "Annual spending under 2°, 3° and 4°".
B. - At the c of 1° of II, the words "of the penultimate year" are replaced by the words "of the year".
C. - In III, the words "80%" are replaced by the words "at least 90%".
Decree No. 2001-1085 of 20 November 2001 referred to above is amended as follows:
I. - The second sentence of the second paragraph of Article 3 is as follows:
"This acknowledgement of receipt mentions the date of registration of the complete application file. For beneficiaries hosted in the establishments mentioned in the fourth paragraph of Article L. 232-14 of the Code of Social Action and Families, the registration date corresponds to the opening date of the rights. For recipients residing at their home, the date of registration shall apply the two-month period for the President of the General Council to notify the decision, the date of the opening of the rights of the recipients, as the date of notification of the decision. »
II. - In Article 6, the words: "the date of the filing of the complete file" are replaced by the words: "the date of the opening of the rights".
III. - Section 7 II is replaced by the following provisions:
“II. - Any undue payment is recovered by deductions on the amount of the allowances to be echoed or, if the beneficiary is no longer eligible for the personalized allowance of autonomy, by refund of the overpayment in one or more payments. Deductions may not exceed, by payment, 20% of the amount of the allowance paid. However, indus are not recovered when their total amount is less than or equal to the amount referred to in I."
IV. - In the first paragraph of Article 20, the word "fourth" is replaced by the word "fifth".
In II of Article 3 of the aforementioned Decree of 28 March 2003, the word "fourth" is replaced by the word "seventh".
The Minister of the Interior, Homeland Security and Local Freedoms, the Minister of Social Affairs, Labour and Solidarity, the Minister of Economy, Finance and Industry, the Minister Delegate for Budget and Budget Reform, the Minister Delegate for Local Freedoms and the Secretary of State for Older Persons are responsible, each with respect to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, November 5, 2003.
Jean-Pierre Raffarin
By the Prime Minister:
Minister of Social Affairs,
and solidarity,
François Fillon
The Minister of the Interior,
of Internal Security
and local freedoms,
Nicolas Sarkozy
Minister of Economy,
finance and industry,
Francis Mer
Minister for Budget
and budgetary reform,
Alain Lambert
Minister for Local Freedoms,
Patrick Devedjian
State secretary to the elderly,
Hubert Falco
